| At the end of the 1970s, the family-based contracting liability system was formulated. Great successes have accordingly been witnessed in the economic system reform in the rural areas thanks to the preliminary establishment of the legal system concerning Right to Use of Agricultural Land featured by the right to management of land by contracting. Nevertheless, the family-based contracting liability system excessively emphasized the situation of our country that is few land is a big population. Thereby, the system restricts the circulation of land. Thus, the family-based Right to Use of Agricultural Land can not be put in circulation reasonably and the size of production is so small that it is hard to obtain effects of large-scale production and to adapt to the potential big market. For another thing, agricultural income though is not important to peasants at all in some developed areas, the initiative to supplying the land for circulation is also impaired owing to the ban on onerous transfer of Right to Use of Agricultural Land. Then, those peasants would rather leave the land wild than drop the contracting land. Obviously, the current land system in the rural areas retards the development of our rural economy. Furthermore, it also results in insufficient use of limited land resources. In brief, it has become crucial to promote the circulation of land and establish reasonable scale of production in agriculture in terms of further deepening the rural reform, improving the marketing extent and perfecting the legal system in the rural areas.The article will target the mechanism of Circulation of Right to Use of Agricultural Land in light of relevant theories in economic sciences in the hope of establishing a better mechanism to promote the land use efficiency to a maximum high and locating the general principles for such a new mechanism. The entire article will be developed in four folds.Part I. The Relevant Theories on Right to Use of Agricultural LandThis part intends to probe into two aspects, namely, the definition of the modern agricultural land system and its framework. The mechanism of the circulation of agricultural land is the core of the modern agricultural land system. The academic circle is still arguing over the legal attributes of Right to Use of Agricultural Land. It is believed that it will meet the actual requirements in the rural areas to recognize the Right to Use of Agricultural Land in the Property Law. Thus, the current way of allocating the land resources administratively will be changed and peasants will actually merge with interests arising out of land. Land resources will be better protected and better used.Part II. The Basic Theories on Circulation of Right to Use of Agricultural LandThis part aims to unveil the significance of the relevant theories on our ongoing reform of land use and specifically on the Circulation of Right to Use of Agricultural Land, such as Marxist's theories on property, ground rent, some other economic theories. Meanwhile, the value and goal of the Circulation of Right to Use of Agricultural Land will be probed into in light of economic analysis in law. Law is not only underlain on justice but on the efficiency. The legal regulation on the Circulation of Right to Use of Agricultural Land merely aims to improve the allocating efficiency of agricultural land.Part III. Current Situation of Our Circulation of Right to Use of Agricultural LandThe current situation has been criticized by more and more academic scholars. Although, relevant provisions on Circulation of Right to Use of Agricultural Land can be found in many laws, such as the Constitution, the General Principles of the Civil Law, the Land Administration Law, Forest law, Agricultural law, Guaranteelaw and the latest one, the Law of Contracting with Agricultural Land passed on August 29, 2002, they often conflict with each other and formulate many restrictions on the circulation of Right to Use of Agricultural Land. The failure in those enactments contributes to the current worrying... |
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